Appellate Division: Second Judicial Department

M49788

S/sl

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

ANITA R. FLORIO

ROBERT J. LUNN, JJ.

2006-08334 Powerhouse Construction, Inc., plaintiff, v Richard Samuel, et al., defendants. (Index No. 54867/00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 27, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the defendants for leave to reargue their motion for leave to appeal to this court from (1) an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated May 16, 2006, which affirmed an order of the Civil Court, Kings County, entered April 6, 2005, and (2) an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated August 2, 2006, which denied their motion to reargue or for leave to appeal to the Appellate Division, which was determined by decision and order on motion of this court dated October 2, 2006, as amended by decision and order on motion of this court dated October 17, 2006.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is for leave to reargue so much their motion which was for leave to appeal to this court from the order entered April 6, 2005, is denied; and it is further,

ORDERED that the branch of the motion which is for leave reargue so much of their motion which was for leave to appeal to this court from the order dated August 2, 2006, is denied (see CPLR 5703[a]).

PRUDENTI, P.J., GOLDSTEIN, FLORIO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court